Unemployment Insurance Program Letter No.4-15- U.s. Department Of Labor

Unemployment Insurance Program Letter No.4-15- U.s. Department Of Labor - 2014

CLASSIFICATION

Unemployment Insurance

EMPLOYMENT AND TRAINING ADMINISTRATION

ADVISORY SYSTEM

CORRESPONDENCE SYMBOL

OUI/DL

U.S. DEPARTMENT OF LABOR

Washington, D.C. 20210

DATE

November 18, 2014

ADVISORY:

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 4-15

STATE WORKFORCE AGENCIES

TO:

PORTIA WU /s/

FROM:

Assistant Secretary

Disclosure of Confidential Unemployment Compensation Information to State

SUBJECT:

Health Insurance Exchanges

1. Purpose. To provide guidance to state unemployment insurance (UI) agencies on disclosure

of confidential unemployment compensation (UC) information to health insurance exchanges

for purposes of implementing the Affordable Care Act (ACA).

2. References.

• Section 303(a) of the Social Security Act (SSA; 42 USC 503(a));

• Section 303(f), SSA (42 USC 503(f));

• Section 1137, SSA (42 USC 1320b-7);

• Section 6103(l), Internal Revenue Code (IRC) (26 USC 6103(l));

• Affordable Care Act, Pub. L. 111-148; and

• 20 CFR Part 603, Federal-State Unemployment Program (UC): Confidentiality and

Disclosure of State UC Information; Final Rule.

3. Background. In 1984, Congress enacted section 1137, SSA, which requires that certain

Federal or federally-funded programs exchange data through an Income and Eligibility

Verification System (IEVS) for purposes of determining eligibility for benefits provided by

those programs. Among the programs and agencies required to participate in IEVS are: UC;

Medicaid; the Supplemental Nutrition Assistance Program; Temporary Assistance for Needy

Families; other SSA programs such as Supplemental Security Income; and the Department of

Housing and Urban Development’s (HUD) public housing programs. Section 303(f), SSA,

requires, as a condition of states receiving UC administrative grants, that “state law provide

that information shall be requested and exchanged for purposes of income and eligibility

verification. . . .”

More recently, Congress enacted the ACA to provide for health insurance exchanges to

permit certain individuals to obtain health insurance, including some at a reduced cost by way

of Federal tax credits. Under section 1413(c)(2), ACA, health insurance exchanges are

required to “participate in a data matching arrangement for determining eligibility for

participation in the program.” To determine eligibility, the health subsidy program, under

RESCISSIONS

EXPIRATION DATE

None

Continuing

Unemployment Insurance Program Letter No.4-15- U.s. Department Of Labor - 2014

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